Case Digests

U.S. Court of Appeals, Second Circuit Criminal Trials Competency Determinations U.S. v. Arenburg 08-5090-cr Appealed from the Western District of New York Background: Defendant Jeffrey Robert Arenburg, a Canadian citizen, asks the court to vacate his conviction for assaulting a ...

U.S. Court of Appeals, Second Circuit Ineffective Assistance Bierenbaum v. Graham 08-1375-pr Appealed from the Southern District of New York Background: The appeal is from the denial of a petition for a writ of habeas corpus pursuant to 28 U.S.C. ...

Appellate Division, Third Department Workers’ Compensation Employer-Employee Relationship Matter of Bran v. Wimbish 508535 Appealed from the Workers’ Compensation Board Background: The appeal is from a board decision that ruled, among other things, that the claimant was an employee of ...

U.S. Court of Appeals, Second Circuit Negligence Economic Loss Recovery Hunt Construction Group Inc. v. Brennan Beer Gorman/Architects PC 08-5603-cv Appealed from the District of Vermont Background: The plaintiff, a general contractor, brought claims of negligence and negligent misrepresentation against ...

U.S. Court of Appeals, Second Circuit Federal Jurisdiction Present Controversy County of Nassau v. Leavitt 09-3193-cv Appealed from the Eastern District of New York Background: In an action brought pursuant to §702 of the Administrative Procedure Act, the plaintiffs seek ...

U.S. Court of Appeals, Second Circuit Judgments Interest — Choice-of-Law FCS Advisors Inc. v. Fair Finance Co. Inc. 09-2609-cv Appealed from the Southern District of New York Background: The question presented to the court is whether post-judgment interest should be ...

Appellate Division, Third Department Criminal Law Incompetence to Stand Trial People v. Coons 102392 Appealed from Supreme Court, Schenectady County Background: The defendant appeals from a judgment convicting him upon his plea of guilty of the crime of burglary in ...

U.S. Court of Appeals, Second Circuit Job Discrimination Johnston v. Maha 08-6048-pr Appealed from the Western District of New York Background: The plaintiff moved for appointment of counsel in his appeal of the final judgment of the U.S. District Court ...

U.S. Court of Appeals, Second Circuit Evidence Ineffective Assistance U.S. v. Oluwanisola 08-4442-cr Appealed from the Eastern District of New York Background: Olawale Lateef Oluwanisola appeals from a Sept. 8, 2008 judgment convicting him, following a jury trial, of conspiring ...

Appellate Division, Third Department Neglect Sex Offender Parent Matter of Christopher C. 507340 Appealed from Family Court, Saratoga County Background: The appeal is from an order that dismissed the petitioner’s application in a proceeding pursuant to Family Court Act Article ...

U.S. District Court, Northern District of New York Social Security Attorneys’ Fees Hoffman v. Astrue 09-CV-669 Judge Scullin Background: The court previously approved a consent order reversing the Social Security Administration’s final order as to benefits and remanded the case ...